Chairman Steve called the meeting to order at 6:00 pm and led the Salute to the Flag.

The Clerk called the roll and all members were recorded as present except Mr. Allen who was recorded as absent.

On motion of Mr. Tagliente, seconded by Mrs. Brown and adopted by all members present voting aye, the minutes of April 21, 2005 were approved as printed.

Chairman Steve presented the Proclamation for Nurses Week to Vicki Smith, a registered nurse with the Certified Home Health Agency of Cortland County as it was read by the Clerk. He offered his appreciation to the department for the services provided to the community. Ms. Smith thanked the Legislature for their recognition.

Chairman Steve presented the Proclamation for Teen Pregnancy Prevention Month to Cindy Grey, ZAP Peer Coordinator, joined by Elaine Lambert, Director of Jacobus Center for Reproductive Health and ZAPPELA, as it was read by the Clerk. Chairman Steve stated the ZAP Program was started in 1990 noting there were 152 teen pregnancies in the County that year. ZAP set a goal to reduce the number to 100 teen pregnancies by the year 2000 and that was accomplished. Ms. Grey thanked Chairman Steve and the Legislature for their recognition and support of the program. She introduced ZAPPELA as the super hero of the program stating that she works educating children in K – third grades. Ms. Grey said the contest was open to all children within the County and there were over 800 entries. She thanked Jim Coon, a local artist, who helped to organize the contest and also was the judge. Ms. Grey announced there were seven winners in the coloring contest who would all receive an award and a $25. gift certificate and asked Legislators representing the districts of the winners to join her for the presentation of awards. She was joined by Mr. Armstrong, Mr. Cornell, Mr. Dafoe, Mrs.Tytler and Mr. Williams. Ms. Grey then proceeded to present awards to the following: with Mr. Dafoe - Category K, Olivia Harrington; with Mr. Cornell – Category 1^st , Katlyn Tallman; with Mr. Armstrong – Category 2^nd, Alec Bastian; with Mr. Steve – Category 3^rd , Sophia Convertini; with Ms. Tytler – Category 4^th, Kristhen Jimenez; with Mr. Williams – Category 5^th, Hannah Lundeen; and with Mr. Steve – Category 6^th, Julia Convertini. Ms. Grey congratulated all the children and thanked them for their participation. Ms. Grey also thanked the Legislature for their continued support of this program.

Chairman Steve presented the Proclamation for June Dairy Month to Alaine Maler, a senior at Homer High School, the current Dairy Princessas it was read by the Clerk. Ms. Maler thanked the Legislature for their recognition of the dairy industry on behalf of the Dairy Farmers and the Dairy Promotion Committee of Cortland County. She stated she will be serving as the Dairy Princess until June 7, 2005 when the new person will be crowned after the June Dairy Parade. She has enjoyed the last year very much making all the visits she has to promote the dairy industry.

Chairman Steve introduced Marcie Pannella - Drug Court Coordinator who was joined by Kelly Preston, Chief Clerk of City Court. Ms. Pannella said she was here to thank the Legislature for their support of the new program. She stated the Court System, DSS, Probation Department, District Attorney’s Office, Public Defender’s Office and Police Agencies have all worked very hard to get the program ready to go. She and Judge Meldrim have finally coordinated all the work and the first day that Drug Court will be in session will be May 31, 2005. Goals for this program are to reduce the Jail population and to save money within the County Budget. This is a new program for Cortland County but the concept of Drug Court has been in existence for about 15 years and the statistics prove it does work. It is a twelve month program with phases that the participants go through before they graduate from the program.

On motion of Mr. Cornell, seconded by Mr. Armstrong and adopted by all members present voting aye, the Election Commissioner Certification filed by the Cortland Republican Committee was ordered received and filed. Mr. VanDee asked if it was being done this way because his term is not up until January 1^st? Chairman Steve said the term was not up until January 1^st but this document had been filed therefore the Legislature needed to act upon receiving and filing it.

On motion of Mr. Armstrong, seconded by Mr. McKee and adopted by all members present voting aye, the 2004 Annual Report -Cortland County Area Agency on Aging was ordered received and filed.

On motion of Mr. Armstrong, seconded by Mr. Cornell and adopted by all members present voting aye, the First Quarter Sales Tax Distribution 2005 – Treasurer’s Office was ordered received and filed.

On motion of Dr. DiGiovanni, seconded by Mr. Steger and adopted by all members present voting aye, the Mortgage Tax Report for October 1, 2004 – March 31, 2005 – Treasurer’s Office was ordered received and filed.

On motion of Mr. Steve, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 1 became Resolution No. 144-05: Appoint/ Reappoint Members, Cortland County Youth Board

On motion of Mr. Steve, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 2 became Resolution No.145-05: Appoint Members, Cortland County Community Services Board

On motion of Mr. Steve, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 3 became Resolution No.146-05: Reappoint Members, Conditional Release Commission

On motion of Mr. Steve, seconded by Mr. Steger and adopted by all members present voting aye, Agenda Item No. 4 became Resolution No.147-05: Authorize Agreement, County of Cortland (Recycle America Alliance) Chairman Steve said there was some question about procedure for this item however this was a time sensitive issue needing action relatively quickly and felt it was in the best interests of the County for him to sponsor it at this session allowing action to be taken. Mr. VanDee expressed a concern that this resolution had not gone through the Highway Committee with a special meeting being called.

On motion of Mr. Steve, seconded by Mr. Ross and adopted by all members present voting aye, Agenda Item No. 5 became Resolution No. 148-05: Endorsing State Legislation S4363 and A8196 Extending Existing Sales and Use Tax Authority of the County of Cortland. Chairman Steve stated this Legislation has been sponsored by Senator Seward in the Senate and Assemblyman Finch in the Assembly.

On motion of Mr. Steve, seconded by Mr. Cornell and adopted by all members present voting aye, Substitute Agenda Item No. 6 became Resolution No. 149-05: Endorsing State Legislation S4951A and A7785A Granting Membership in the Retirement System Certain Deputy Sheriff’s. Chairman Steve stated this Legislation has been sponsored by Senator Seward in the Senate and Assemblypersons Finch, Kolb and Lifton in the Assembly.

On motion of Mr. Steve, seconded by Mr. Elston and adopted by all members present voting aye except Mr. Dafoe, Mr. Tagliente and Mr. VanDee voting nay, Substitute Agenda Item No. 7 became Resolution No. 150-05: Resolution Supporting Ban of Flavored Cigarettes

On motion of Mr. Behrenfeld, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 8 became Resolution No. 151-05: Authorize Apportionment of Mortgage Tax Monies, Treasurer’s Office

On motion of Mr. Behrenfeld, seconded by Mr. Steger and adopted by all members present voting aye, Agenda Item No. 9 became Resolution No. 152-05: Authorize Public Hearing, Tompkins Cortland Community College (2005-2006 Operating Budget)

On motion of Mr. Behrenfeld, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 10 became Resolution No. 153-05: Authorize Agreements, Cortland County (1890 House Museum and Historical Society)

On motion of Mr. Behrenfeld, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 11 became Resolution No. 154-05: Amend 2004 Budget Mr. Schrader explained that the Legislature had agreed to differ the payment for last year until February of this year costing the County an additional $24,000. interest however helping the County by improving the finances. The State Comptroller’s Office changed the determination regarding the affect on the financial statement, therefore there was no benefit to the County but the cost was still there.

On motion of Mr. Ross, seconded by Mr. Armstrong and adopted by all members present voting aye except Mr. Elston and Mr. VanDee voting nay, Agenda Item No. 12 became Resolution No. 155-05: Authorize Grant Application, Planning Department (Cortland County Snowmobile Trail Development and Maintenance). Mr. Ross requested Daniel Dineen, Director of Planning to explain the 7% administration charge associated with this contract. Mr. Dineen explained that the Planning Department, the County Attorney’s Office and County Administration all work with the nine snowmobile clubs or with the contract process to allow for the grant money to be applied for and received. He said because there was very little snow last year, there was money left over of the grant money and his department worked with the clubs for them to be able to retain that money and purchase equipment. Mr. Elston asked if the cost to the County this year was greater than last year? Mr. Dineen said it was greater because the State had changed the procedure. Mr. Elston asked how many Counties charge a 7% Administration Fee? Mr. Dineen said he does not know exactly how many Counties charge the 7% but several do and some charge even more. Mr. Elston said he has encouraged the clubs to form their own corporation to eliminate the charge.

On motion of Mr. Ross, seconded by Mr. Cornell and adopted by all members present voting aye except, Agenda Item No. 13 became Resolution No. 156-05: Authorize Agreements, Planning Department (Cortland County and Cortland County Snowmobile Clubs)

On motion of Mr. Ross, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 14 became Resolution No. 157-05: Create GIS Specialist Trainee/GIS Specialist (temporary) Amend Budget, Planning Department

On motion of Mr. Ross, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No.15 became Resolution No. 158-05: Authorize Chairman to Sign Agreement/ Amend Budget, Planning Department (Federal Section 5311 Transit Capital Equipment Project)

On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No.16 became Resolution No. 159-05: Authorize Agreements, Health Department (SCHC Total Care Inc.)

On motion of Dr. DiGiovanni, seconded Mr. Cornell by and adopted by all members present voting aye, Agenda Item No.17 became Resolution No. 160-05: Authorize Agreement/ Accept Funds/ Amend Budget, Health Department/Environmental Health (Drinking Water Program)

On motion of Dr. DiGiovanni, seconded by Mr. Armstrong and adopted by all members present voting aye Agenda Item No.18 became Resolution No. 161-05: Authorize Agreement/ Accept Funds/ Amend Budget, Health Department/ Nursing (Immunization Action Plan Grant)

On motion of Mr. Elston, seconded by Mr. Cornell and adopted by all members present voting aye, Dr. DiGiovanni was allowed to abstain from voting on Agenda Item No. 19.

On motion of Mr. McKee, seconded by Mr. Cornell and adopted by all members present voting aye except Dr. DiGiovanni who abstained, Agenda Item No. 19 became Resolution No. 162-05: Authorize Agreement/ Accept Funds Health Department/ Administration (Susan G. Komen Breast Cancer Grant)

On motion of Dr. DiGiovanni, seconded by Mrs. Breed and adopted by all members present voting aye Agenda Item No. 20: Authorize Agreement/ Accept Funds/ Amend Budget Health Department/ Administration (Healthy Heart Disabilities Initiative) was tabled until the June 16, 2005 session.

On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 21 became Resolution No. 163-05: Authorize Agreements, Health Department/Children with Special Needs (Contract for Services)

On motion of Dr. DiGiovanni, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 22 became Resolution No. 164-05: Increase Hours, Mental Health Department (Mental Health Practitioner)

On motion of Dr. DiGiovanni, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 23 became Resolution No. 165-05: Authorize Agreement, Mental Health Department (Excellus Blue Cross Blue Shield)

On motion of Dr. DiGiovanni, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 24 became Resolution No.166-05: Resolution in Support of Bringing Dialysis to Cortland County . Dr. DiGiovanni stated the Senator Seward has been very supportive of this initiative and has already issued support letters to the Health Commissioner. Dr. DiGiovanni feels this service will be very beneficial to the Cortland community.

On motion of Mr. Steger, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 25 became Resolution No.167-05: Resolution Authorizing Project to Replace Bridge Damaged by Flood, East River Road Bridge over Chenango Creek, B.I.N. 3312280, Highway Department. Chairman Steve stated the intent of this Resolution is to allow the project to be started. Mrs. Tytler asked if there is a County share? Mr. Schrader said FEMA will pay 75% of cost (about $1.2 million), State will pay 12% (about $200,000.) and the County will pay the remaining 12% (about $200,000) however the County has not met with FEMA yet to fill out the worksheets for this project. He explained that after the worksheets are filled out and the costs are settled on another resolution to amend the budget will be brought through. At that time it will be decided where the County’s share will come from. Mrs. Tytler asked if the County upfronts the money for these project and what was the turn around for FEMA reimbursement? Mr. Schrader said it is upfronted but the turn around is quick.

On motion of Mr. Steger, seconded by Mr. Elston and adopted by all members present voting aye except Mr. Willcox voting nay, Agenda Item No. 26 became Resolution No. 168-05: Leachate Pipe Line & Landfill Capping Project, Engineering Agreement, Highway Department/Landfill. Mr. Ross asked what this engineering agreement covers? Mr. Schrader said it is for a possible leachate pipeline and for the capping project. Mrs. Brown asked how much of this contract was for the leachate part? Mr. Schrader said about $30,000 was for leachate and the remainder was for the capping part. Mr. Williams said that he is not questioning the need for this service but he does have a concern that there are no requests for proposals. Donald Chamber, Superintendent of Highways was given an opportunity to explain. Mr. Chambers said that the County of Cortland has a long-standing relationship with Barton & Loguidice regarding the landfill and he feels it is in the best interest of the County to continue. He said their rate is comparative to other engineers and that they have the expertise needed regarding Landfill operations. Mr. Williams said the statement of a long-standing relationship furthers his reasoning for the County requesting proposals. Mr. Williams said there needs to be a process for hiring professional service companies to allow for the County to be doing comparisons on costs. Mrs. Brown asked why the two projects were combined in one? Mr. Schrader said the reason to combine the two projects is to maximize reimbursement at 50%. Mrs. Brown asked if the County decided it wants to do one project and not the other can they be separated. Mr. Schrader explained that they could be separated when the design phase is done.

On motion of Mr. Steger, seconded by Mr. Elston and adopted by all members present voting aye except, Agenda Item No. 27 became Resolution No. 169-05: Amend Budget/ Transfer Funds, Highway Department

On motion of Mr. Steger, seconded by Mr. McKee and adopted by all members present voting aye, Agenda Item No. 28 became Resolution No. 170-05: Amend Budget/ Transfer Funds, Highway Department

On motion of Mr. Steger, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 29 became Resolution No. 171-05: Award Replacement of Two (2) Booms and Two (2) Flail Mowers Highway Department/ Recycling

On motion of Mr. Steger, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 30 became Resolution No. 172-05: Authorize Issuance of a Theatrical Production and Custodial License, Highway Department, Dwyer Park (Cortland Repertory Theatre). Mr. Dafoe asked if the Pavilion will be open on weekends? Chairman Steve said it would be.

On motion of Mr. Elston, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 31 became Resolution No. 173-05: Authorize Maintenance Agreement, Sheriff’s Department/911 Center Bio-Key International, Inc.

On motion of Mr. Elston, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 32 became Resolution No. 174-05: Authorize Agreement, Fire and Emergency Management (Miller Technical Advisory Services). Mrs. Brown asked where the money for this was coming from. Chairman Steve said the money to cover this contract will come from the Homeland Security Grant.

On motion of Mrs. Brown, seconded by Mr. Willcox and adopted by all members present voting aye, Agenda Item No. 33 became Resolution No. 175-05: Create Employment & Training Specialist Programs Counselors (temporary- 2 positions), Employment and Training Department. Mrs. Brown said filling these two positions for the summer allows over 100 students to be employed for the summer.

On motion of Mrs. Breed, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 34 became Resolution No. 176-05: Authorize Agreement, Information Technology (Systems East)

Chairman Steve said that because of the diligence of John Bardsley, County Attorney; Scott Schrader, County Administrator; and Dennis Whitt, County Auditor, Cortland County will be receiving approximately another $500,000. of insurance money in regards to the fire at the County Recycling Center. He said that Mr. Schrader refused to accept the answer no to payment requests by the County to the insurer and because of that the County of Cortland will benefit.

Mr. Armstrong announced that there would be a haulers meeting on May 20 at 5:00 pm.

Mr. Cornell announced CTV would meet directly after session in room 304.

On motion of Mrs. Brown, seconded by Mr. Cornell the meeting was adjourned at 6:58 pm.

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